Common Alloy Aluminum Sheet From Brazil: Final Determination of Sales at Less Than Fair Value, 13302-13304 [2021-04725]
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13302
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
III. Changes from the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether Adverse Facts
Available (AFA) is Appropriate for
Elvalhalcor
Comment 2: Application of Major Input
Rule
Comment 3: Selling Expense Adjustment to
the Cost of Manufacture (COM)
Comment 4: Adjusting COM With
Amounts Related to Losses on
Derivatives
Comment 5: Reconciliation of April 2019
U.S. Sales
Comment 6: Warranty Expenses
Comment 7: Home Market Rebates
Comment 8: Home Market Inland Freight
Expenses
Comment 9: Packing Expenses
Comment 10: Comparisons Between Alloy
Products
Comment 11: Home Market Credit
Expenses
Comment 12: U.S. Indirect Selling
Expenses for Sales Through International
Trade
Comment 13: Adjustment Made to Other
Disounts for Certain Home Market Sales
Comment 14: Use of Quarterly Costs in
Differential Pricing Analysis
V. Recommendation
[FR Doc. 2021–04737 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–854]
Common Alloy Aluminum Sheet From
Brazil: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to determine that
imports of common alloy aluminum
sheet (aluminum sheet) from Brazil are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) for the period of investigation
(POI), January 1, 2019, through
December 31, 2019.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5449.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On October 15, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination
VerDate Sep<11>2014
19:05 Mar 05, 2021
Jkt 253001
in the LTFV investigation of aluminum
sheet from Brazil, in which we also
postponed the final determination until
March 1, 2021.1 We invited interested
parties to comment on the Preliminary
Determination. We received no
comments on the Preliminary
Determination.
Scope of the Order
The products covered by this
investigation are common alloy
aluminum sheet from Brazil. For a
complete description of the scope of this
investigation, see the Appendix.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.2 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.3
Commerce is not modifying the scope
language as it appeared in the
Preliminary Determination. See the
Appendix for the final scope of the
investigation.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).4
1 See Common Alloy Aluminum Sheet from
Brazil: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 85 FR 65363 (October 15, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South
Africa, Spain, Taiwan, and Turkey: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Decision Memorandum).
3 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Korea,
Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey: Scope Comments Final
Decision Memorandum,’’ dated concurrently with,
and hereby adopted by, this notice (Final Scope
Decision Memorandum).
4 See Commerce’s Letter, ‘‘Remote Verification—
Request for Documentation,’’ dated November 17,
2020; see also Novelis do Brasil Ltda’s (Novelis
Brasil’s) Letter, ‘‘Common Alloy Aluminum Sheet
from Brazil: Novelis do Brasil Ltda’s Verification
Questionnaire Response,’’ dated November 24, 2020
(Verification Questionnaire Response).
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Fmt 4703
Sfmt 4703
Changes Since the Preliminary
Determination
We continue to find that imports of
aluminum sheet from Brazil are being,
or are likely to be, sold in the United
States at LTFV for the POI. Because we
received no comments, we hereby
incorporate by reference our reasoning
in the Preliminary Determination, and
no separate decision memorandum
accompanies this Federal Register
notice.
However, based on our review and
analysis of the information received in
lieu of on-site verification, we made
certain changes to the margin
calculation for mandatory respondent,
Novelis do Brasil Ltda (Novelis Brasil).5
As a result of these changes, Commerce
also revised the all-others rate and the
rate assigned to Companhia Brasileira
de Aluminio (CBA). See below for
further discussion.
Use of Adverse Facts Available
In the Preliminary Determination,
Commerce found that the mandatory
respondent, CBA, failed to comply with
Commerce’s multiple requests for
information, which significantly
impeded the investigation. Further,
Commerce found that CBA failed to
cooperate to the best of its ability in this
investigation. Therefore, in the
Preliminary Determination, pursuant to
sections 776(a) and (b) of the Act,
Commerce assigned CBA a rate based on
adverse facts available (AFA). No
interested party commented on this
determination, and so there is no basis
for us to revisit our determination to
apply AFA to this company.
Accordingly, we continue to find that
the application of AFA pursuant to
sections 776(a) and (b) of the Act is
warranted in determining CBA’s
weighted-average margin. Consistent
with the Preliminary Determination,
Commerce has assigned to CBA the
highest transaction-specific margin
calculated for Novelis Brasil, which is
137.06 percent.6 Because this rate is not
secondary information, but rather is
based on information obtained in the
5 See Memorandum, ‘‘Analysis Memorandum for
the Final Determination of the Less-than-Fair-Value
Investigation of Common Alloy Aluminum Sheet
from Brazil: Novelis do Brasil Ltda.,’’ dated
concurrently with this notice (Final Analysis
Memorandum).
6 See Final Analysis Memorandum. As a result of
minor corrections received in Novelis Brasil’s
Verification Questionnaire Response, Novelis
Brasil’s highest transaction-specific margin changed
from 136.78 percent in the Preliminary
Determination to 137.06 percent in the final
determination. Because we continue to use Novelis
Brasil’s highest transaction-specific margin as the
AFA rate for CBA, for the final determination, we
have updated the rate assigned to CBA accordingly.
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
course of the investigation, Commerce
need not corroborate this rate pursuant
to section 776(c) of the Act.
jbell on DSKJLSW7X2PROD with NOTICES
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Commerce assigned a rate
based entirely on facts available under
section 776 of the Act to CBA.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available, is the rate
calculated for Novelis Brasil.
Consequently, consistent with the
Preliminary Determination, the rate
calculated for Novelis Brasil is assigned
as the rate for all other producers and
exporters pursuant to section
735(c)(5)(A) of the Act.
the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the respondents
listed above will be equal to the
respondent-specific estimated weightedaverage dumping margin determined in
this final determination; (2) if the
exporter is not a respondent identified
above but the producer is, then the cash
deposit rate will be equal to the
respondent-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension-of-liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
Final Determination
the Act, we will notify the International
The final estimated weighted-average
Trade Commission (ITC) of the final
dumping margins are as follows:
affirmative determination of sales at
LTFV. Because Commerce’s final
Weighted- determination is affirmative, in
average
accordance with section 735(b)(2) of the
Exporter/producer
dumping
Act, the ITC will make its final
margin
determination as to whether the
(percent)
domestic industry in the United States
Companhia Brasileira de
is materially injured, or threatened with
Aluminio ..................................
137.06 material injury, by reason of imports or
Novelis do Brasil Ltda ................
49.61
All Others ....................................
49.61 sales (or the likelihood of sales) for
importation of sheet no later than 45
days after this final determination. If the
Disclosure
ITC determines that such injury does
We intend to disclose the calculations not exist, this proceeding will be
performed for Novelis Brasil in this final terminated, and all cash deposits posted
determination within five days of the
will be refunded and suspension of
date of publication of this notice to
liquidation will be lifted. If the ITC
parties in this proceeding in accordance determines that such injury does exist,
7
with 19 CFR 351.224(b).
Commerce will issue an antidumping
duty order directing CBP to assess, upon
Continuation of Suspension of
further instruction by Commerce,
Liquidation
antidumping duties on all imports of the
In accordance with section
subject merchandise entered, or
735(c)(1)(B) of the Act, Commerce will
withdrawn from warehouse, for
instruct U.S. Customs and Border
consumption on or after the effective
Protection (CBP) to continue to suspend
date of the suspension of liquidation, as
liquidation of all appropriate entries of
discussed above in the ‘‘Continuation of
aluminum sheet from Brazil, as
described in the appendix of this notice, Suspension of Liquidation’’ section.
which are entered, or withdrawn from
Notification Regarding Administrative
warehouse, for consumption on or after
Protective Orders
October 15, 2020, the date of
This notice will serve as a final
publication in the Federal Register of
reminder to the parties subject to
administrative protective order (APO) of
7 Because Commerce is continuing to apply AFA
their responsibility concerning the
to CBA in this investigation, in accordance with
disposition of proprietary information
section 776 of the Act, there are no calculations to
disclose for CBA.
disclosed under APO in accordance
VerDate Sep<11>2014
19:05 Mar 05, 2021
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Fmt 4703
Sfmt 4703
13303
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Scope of the Investigation
The products covered by this investigation
are common alloy aluminum sheet, which is
a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than
0.2 mm, in coils or cut-to-length, regardless
of width. Common alloy sheet within the
scope of this investigation includes both not
clad aluminum sheet, as well as multi-alloy,
clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
these investigations if performed in the
country of manufacture of the common alloy
sheet.
Excluded from the scope of this
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an Hl9, H–41, H–48, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
E:\FR\FM\08MRN1.SGM
08MRN1
13304
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
[FR Doc. 2021–04725 Filed 3–5–21; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Order
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–835]
Common Alloy Aluminum Sheet From
Indonesia: Final Determination of
Sales at Less Than Fair Value, and
Final Affirmative Finding of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
common alloy aluminum sheet
(aluminum sheet) from Indonesia are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2019, through
December 31, 2019.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT: John
K. Drury, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0195.
SUPPLEMENTARY INFORMATION:
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On October 15, 2020, Commerce
published in the Federal Register its
Preliminary Determination.1 On
1 See Common Alloy Aluminum Sheet from
Indonesia: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, 85 FR 65356 (October 15, 2020)
VerDate Sep<11>2014
19:05 Mar 05, 2021
November 6, 2020, we postponed the
final determination until March 1,
2021.2 The petitioner in this
investigation is the Aluminum
Association Common Alloy Aluminum
Sheet Working Group and its individual
members: Aleris Rolled Products, Inc.;
Arconic, Inc.; Constellium Rolled
Products Ravenswood, LLC; JW
Aluminum Company; Novelis
Corporation; and Texarkana Aluminum,
Inc. (the petitioner). The mandatory
respondent in this investigation is Pt.
Alumindo Light Metal Industry Tbk (Pt.
Alumindo). We provided interested
parties an opportunity to comment on
the Preliminary Determination. We
received no comments. As such, this
final determination is unchanged from
the Preliminary Determination.
Commerce conducted this investigation
in accordance with section 733(b) of the
Tariff Act of 1930, as amended (the Act).
Jkt 253001
The products covered by this
investigation are common alloy
aluminum sheet from Indonesia. For a
complete description of the scope of this
investigation, see the Appendix to this
notice.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.3 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we addressed in
the Final Scope Decision
Memorandum.4 Commerce is not
modifying the scope language as it
appeared in the Preliminary
Determination. See the Appendix to this
notice for the final scope of the
investigation.
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM),
2 See Common Alloy Aluminum Sheet from
Indonesia and Romania: Postponement of Final
Determinations of Less-Than-Fair-Value
Investigations, 85 FR 71049 (November 6, 2020).
3 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South
Africa, Spain, Taiwan, and Turkey: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Decision Memorandum).
4 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Korea,
Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey: Scope Comments Final
Decision Memorandum,’’ dated concurrently with,
and hereby adopted by, this notice (Final Scope
Decision Memorandum).
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
Verification
Because the mandatory respondent in
this investigation did not provide
necessary information requested by
Commerce, we did not conduct
verification.
Changes Since the Preliminary
Determination and Use of Adverse
Facts Available
Commerce has made no changes to
the Preliminary Determination. As
stated in the Preliminary Determination,
we found that the application of facts
available with an adverse inference with
respect to the mandatory respondent,
i.e., Pt. Alumindo, was warranted, in
accordance with sections 776(a)(1),
776(a)(2)(A)-(C), and 776(b) of the Act.5
Final Determination of Critical
Circumstances
In the Preliminary Determination, we
preliminarily found that critical
circumstances exist with respect to
imports of subject merchandise from
Indonesia.6 Commerce received no
comments regarding this issue after the
Preliminary Determination. Thus, for
this final determination, we continue to
find that critical circumstances exist
with respect to imports of subject
merchandise from Indonesia.
All-Others Rate
As discussed in the Preliminary
Determination, in accordance with
section 735(c)(5)(B) of the Act,
Commerce preliminarily determined the
estimated dumping margin for the
individually examined respondent (i.e.,
Pt. Alumindo) entirely under section
776 of the Act. Consequently, pursuant
to section 735(c)(5)(B) of the Act, and
consistent with Commerce’s practice,
the all-others rate in the Preliminary
Determination was based on the only
dumping margin alleged in the petition
(i.e., 32.12 percent). No parties
commented on this issue and we made
no changes to the all-others rate for this
final determination.7
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Exporter/producer
Pt. Alumindo Light Metal Industry Tbk .....................................
All Others ....................................
5 See
6 Id.
Preliminary Determination.
at 65357.
7 Id.
E:\FR\FM\08MRN1.SGM
08MRN1
Estimated
dumping
margin
(percent)
32.12
32.12
]]>Agencies
[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13302-13304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04725]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-854]
Common Alloy Aluminum Sheet From Brazil: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to determine
that imports of common alloy aluminum sheet (aluminum sheet) from
Brazil are being, or are likely to be, sold in the United States at
less than fair value (LTFV) for the period of investigation (POI),
January 1, 2019, through December 31, 2019.
DATES: Applicable March 8, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5449.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2020, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
aluminum sheet from Brazil, in which we also postponed the final
determination until March 1, 2021.\1\ We invited interested parties to
comment on the Preliminary Determination. We received no comments on
the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Brazil: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 65363 (October 15, 2020) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this investigation are common alloy
aluminum sheet from Brazil. For a complete description of the scope of
this investigation, see the Appendix.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments.\2\ We received comments
from interested parties on the Preliminary Scope Decision Memorandum,
which we address in the Final Scope Decision Memorandum.\3\ Commerce is
not modifying the scope language as it appeared in the Preliminary
Determination. See the Appendix for the final scope of the
investigation.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for
the Preliminary Determinations,'' dated October 6, 2020 (Preliminary
Scope Decision Memorandum).
\3\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan,
and Turkey: Scope Comments Final Decision Memorandum,'' dated
concurrently with, and hereby adopted by, this notice (Final Scope
Decision Memorandum).
---------------------------------------------------------------------------
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\4\
---------------------------------------------------------------------------
\4\ See Commerce's Letter, ``Remote Verification--Request for
Documentation,'' dated November 17, 2020; see also Novelis do Brasil
Ltda's (Novelis Brasil's) Letter, ``Common Alloy Aluminum Sheet from
Brazil: Novelis do Brasil Ltda's Verification Questionnaire
Response,'' dated November 24, 2020 (Verification Questionnaire
Response).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
We continue to find that imports of aluminum sheet from Brazil are
being, or are likely to be, sold in the United States at LTFV for the
POI. Because we received no comments, we hereby incorporate by
reference our reasoning in the Preliminary Determination, and no
separate decision memorandum accompanies this Federal Register notice.
However, based on our review and analysis of the information
received in lieu of on-site verification, we made certain changes to
the margin calculation for mandatory respondent, Novelis do Brasil Ltda
(Novelis Brasil).\5\ As a result of these changes, Commerce also
revised the all-others rate and the rate assigned to Companhia
Brasileira de Aluminio (CBA). See below for further discussion.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Analysis Memorandum for the Final
Determination of the Less-than-Fair-Value Investigation of Common
Alloy Aluminum Sheet from Brazil: Novelis do Brasil Ltda.,'' dated
concurrently with this notice (Final Analysis Memorandum).
---------------------------------------------------------------------------
Use of Adverse Facts Available
In the Preliminary Determination, Commerce found that the mandatory
respondent, CBA, failed to comply with Commerce's multiple requests for
information, which significantly impeded the investigation. Further,
Commerce found that CBA failed to cooperate to the best of its ability
in this investigation. Therefore, in the Preliminary Determination,
pursuant to sections 776(a) and (b) of the Act, Commerce assigned CBA a
rate based on adverse facts available (AFA). No interested party
commented on this determination, and so there is no basis for us to
revisit our determination to apply AFA to this company. Accordingly, we
continue to find that the application of AFA pursuant to sections
776(a) and (b) of the Act is warranted in determining CBA's weighted-
average margin. Consistent with the Preliminary Determination, Commerce
has assigned to CBA the highest transaction-specific margin calculated
for Novelis Brasil, which is 137.06 percent.\6\ Because this rate is
not secondary information, but rather is based on information obtained
in the
[[Page 13303]]
course of the investigation, Commerce need not corroborate this rate
pursuant to section 776(c) of the Act.
---------------------------------------------------------------------------
\6\ See Final Analysis Memorandum. As a result of minor
corrections received in Novelis Brasil's Verification Questionnaire
Response, Novelis Brasil's highest transaction-specific margin
changed from 136.78 percent in the Preliminary Determination to
137.06 percent in the final determination. Because we continue to
use Novelis Brasil's highest transaction-specific margin as the AFA
rate for CBA, for the final determination, we have updated the rate
assigned to CBA accordingly.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Commerce assigned a rate based entirely on facts available under
section 776 of the Act to CBA. Therefore, the only rate that is not
zero, de minimis, or based entirely on facts otherwise available, is
the rate calculated for Novelis Brasil. Consequently, consistent with
the Preliminary Determination, the rate calculated for Novelis Brasil
is assigned as the rate for all other producers and exporters pursuant
to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Companhia Brasileira de Aluminio............................ 137.06
Novelis do Brasil Ltda...................................... 49.61
All Others.................................................. 49.61
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for Novelis Brasil
in this final determination within five days of the date of publication
of this notice to parties in this proceeding in accordance with 19 CFR
351.224(b).\7\
---------------------------------------------------------------------------
\7\ Because Commerce is continuing to apply AFA to CBA in this
investigation, in accordance with section 776 of the Act, there are
no calculations to disclose for CBA.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of aluminum sheet from
Brazil, as described in the appendix of this notice, which are entered,
or withdrawn from warehouse, for consumption on or after October 15,
2020, the date of publication in the Federal Register of the
affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the respondents listed
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final determination; (2) if
the exporter is not a respondent identified above but the producer is,
then the cash deposit rate will be equal to the respondent-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension-of-liquidation
instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of sheet no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded and suspension of liquidation will be lifted. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the parties subject
to administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigation
The products covered by this investigation are common alloy
aluminum sheet, which is a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or
cut-to-length, regardless of width. Common alloy sheet within the
scope of this investigation includes both not clad aluminum sheet,
as well as multi-alloy, clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum
Association. With respect to multi-alloy, clad aluminum sheet,
common alloy sheet is produced from a 3XXX-series core, to which
cladding layers are applied to either one or both sides of the core.
The use of a proprietary alloy or non-proprietary alloy that is not
specifically registered by the Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a
chemistry that is consistent with these designations, does not
remove an otherwise in-scope product from the scope.
Common alloy sheet may be made to ASTM specification B209-14 but
can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of these investigations if performed in
the country of manufacture of the common alloy sheet.
Excluded from the scope of this investigation is aluminum can
stock, which is suitable for use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used to open such cans.
Aluminum can stock is produced to gauges that range from 0.200 mm to
0.292 mm, and has an H-l9, H-41, H-48, or H-391 temper. In addition,
aluminum can stock has a lubricant applied to the flat surfaces of
the can stock to facilitate its movement through machines used in
the manufacture of beverage cans. Aluminum can stock is properly
classified under Harmonized Tariff Schedule of the
[[Page 13304]]
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000,
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of this investigation may
also be entered into the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035,
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025,
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
[FR Doc. 2021-04725 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P
